39 research outputs found

    A Theory of Interpretation for Customary International Law

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    Customary international law (CIL), alongside treaties and general principles, is one of the three primary sources of international law. Historically, rules of CIL are some of the oldest rules of international law, forming the foundations of the system. While scholarship has dealt extensively with questions surrounding the creation and identification of customary rules, less attention has been paid to their interpretation. At the same time, a survey of the practice of domestic and international courts shows that courts frequently engage in the interpretation of customary rules separate from their identification. The existence of this practice calls for a deeper engagement with the question of CIL interpretation.The question of CIL interpretation is a question about how we determine the scope and content of customary rules. The main claim of this thesis is that customary rules can be subject to interpretation, and that interpretation is a specific and separate operation in the continued existence of customary rules, different from their identification. Furthermore, interpretation performs two crucial functions in the continuous existence of customary rules, and accounting for interpretation is both theoretically relevant and practically necessary. In particular, interpretation performs a concretizing function – whereby the scope and content of general customary rules is delineated and made specific, and an evolutive function – whereby older customary rules are updated in light of new factual or legal developments. The two functions that interpretation performs are not mutually exclusive.Accounting for interpretation enables us to better understand the way customary rules function, and the way they are applied in the practice of international law. This thesis offers a theory of interpretation for customary international law that engages with both the doctrinal and the practical aspects of this practice, and provides a systematic account of the role of interpretation in the continued existence of customary rules

    The Theory, Practice, and Interpretation of Customary International Law

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    Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field. This title is also available as Open Access on Cambridge Core

    METABOLIC PROFILE AND HEART RATE VARIABILITY AS AN INDICATOR OF THE CARDIOVASCULAR SYMPATHETIC INFLUENCES IN FEMALE INDIVIDUALS OF TWO AGE GROUPS

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    The positive correlation between metabolic disturbances and the prevalence of cardiovascular diseases (CVD) is well known. Elevated sympathetic outflow was shown to be an underlying factor in the pathogenesis of CVD. The aim of our study was to examine the correlation between the sympathetic cardiovascular drive as measured by heart rate variability (HRV) and blood metabolic profile. These measurements were carried out on female individuals of two age groups. Ten female subjects were divided in 2 groups – young (average age 20 years) and adults (average age 60 years). Five minute long electrocardiogram was recorded using the analog-to-digital converter iCardio. The iCardio software provided the major HRV indices. The total power of HRV (TP) was significantly lower in the adult individuals as marker of the elevated cardiovascular sympathetic outflow. Blood tests (total cholesterol, HDL, LDL, triglycerides and glucose) were carried out in a licensed laboratory. All blood parameters were higher in the adult group as compared to the young. Negative correlation was evidenced between the TP and total cholesterol (r = -0.76), LDL cholesterol (r = -0.80), glucose level (r = -0.99), while the correlation between TP and HDL was positive (r = 0.76) in the adult group. The young individuals showed significantly less pronounced correlation between the laboratory parameters and HRV. Our data supported the hypothesis that elevated sympathetic drive typical for the postmenopausal women was positively correlated to their metabolic cardiovascular risk markers. The better clarification of these interactions might help in the understanding and prevention of the higher CVD incidence in this female age group. Acknowledgement: These studies were funded by Grant # Д-134/ 2017 of the Scientific Medical Board, MU-Sofia

    Detection of Methoxymethanol as a Photochemistry Product of Condensed Methanol

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    We report the identification of methoxymethanol (CH3OCH2OH) as a photochemistry product of condensed methanol (CH3OH) based on temperature-programmed desorption studies conducted following photon irradiation at energies below the ionization threshold (9.8 eV) of condensed methanol. The first detection of methoxymethanol in the interstellar medium was reported in 2017 based on data from Bands 6 and 7 from the Atacama Large Millimeter/submillimeter Array (ALMA). The cosmic synthesis of “complex” organic molecules such as methyl formate (HCOOCH3), dimethyl ether (CH3OCH3), acetic acid (CH3COOH), ethylene glycol (HOCH2CH2OH), and glycolaldehyde (HOCH2CHO) has been attributed to UV photolysis of condensed methanol found in interstellar ices. Experiments conducted in 1995 demonstrated that electron-induced radiolysis of methanol cosmic ice analogues yields methoxymethanol. In three recent publications (2016, 2017, and 2018), methoxymethanol was considered as a potential tracer for reactions induced by secondary electrons resulting from the interaction of cosmic rays with interstellar ices. However, the results presented in this study suggest that methoxymethanol can be formed from both radiation chemistry and photochemistry of condensed methanol
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